Employment of Children

If you employ a child or young person in your busines, even if they are a member of your own family, there are several legal requirements you need to consider.

Children are defined as people not over compulsory school age, even if they do not go to school. You must not employ a child under the age of 13.
Young people are people of 18 and under. You have to take in to account that these people do not have the knowledge and experience that adults can be expected to have. So you have an additional responsibility to make sure there is a good risk assessment, supervision, and training for them.

Employment of children is also covered by byelaws made by Devon County Council.
Under these regulations any child who helps in a trade or occupation, even if they are family members and/or don't get paid for it, are deemed to be employed. If you employ children they must have a work permit, which you must complete and send to Devon County Council.

If you do not have a work permit for the child, they probably will not be covered by any of your insurances.

Application forms and more information on this can be found on the Devon County website.

PROHIBITED EMPLOYMENT

- No child can be employed in any of the following:-

  • Any work involving exposure to harmful or dangerous substances or processes (including fuel oils, poisons, chemicals etc.)
  • Work with any prescribed dangerous machine
  • Kitchens etc. of any commercial enterprise
  • Places licensed for games or in any registered club
  • The sale or delivery of intoxicating liquors (except where such liquors are sold exclusively in sealed containers)
  • Places of public entertainment.
  • Tobacco sales
  • Collecting/sorting rags, refuse, scrap materials
  • Fairgrounds
  • Slaughterhouses
  • Racing tracks
  • Where heavy strain is likely to cause the child injury
  • Window cleaning where any part of the window is more than 3 metres above ground floor level
  • In touting or selling door to door
  • Street trading
  • Milk Delivery

REGULATION OF EMPLOYMENT

The byelaws do not apply to 15 and 16 year old children taking part in work experience.

School days

  • For not more than two hours in any day
  • Only between 7.00am and 8.00am and between the end of the school day and 7.00pm.
  • For no more than one hour in the morning period.

Saturdays and School Holidays

  • A child between 13 to 14 may be employed for up to five hours per day between 7.00am and 7.00pm subject to a maximum of 25 hours per week.
  • A child aged 15 years and over may be employed for up to eight hours a day between 7.00am and 7.00pm subject to a maximum of 35 hours per week.
  • A child shall not be employed for more than four hours continuously without a period of at least one hour for rest and recreation.

Sundays

  • A child can only be employed between 7.00am and 7.00pm and for no more than two hours.

Clothing

  • Suitable clothing and footwear should be worn.

Employment Permits

Within one week of employing a child an employer has a legal responsibility to send to Devon County Council written notification of the employment..

An employer must keep a written record (including name, address, date of birth, occupation and hours of work) relating to every child employed.

PENALTIES

If you do not comply with the byelaws you can be prosecuted and receive a fine of up to £1000.

CHECKLIST - EMPLOYMENT OF CHILDREN

  • Do you employ, or have plans to employ, children?
  • Are you going to break these byelaws if you employ these children?
  • Have you applied to Devon County Council for an employment permit?
  • If you employ children, do you have a written record for every child employed (including name, address, date of birth, occupation and hours worked?)

Page last updated on 25 November 2011